WASHINGTON – U.S. Rep. Benjamin L. Cardin is an original cosponsor of bipartisan legislation introduced today that will improve access to information on health care options and legal rights for Americans who want to plan their end-of-life care.

            The Advance Directives Improvement and Education Act is designed to increase the number of Americans who have Advanced Directives.  “The Terri Schiavo case demonstrated the need for careful planning before an incapacitating illness,” said Rep. Cardin.  “The way to make your wishes known and to ease the burden on loved ones is to prepare an Advanced Directive so your wishes will be clear.”

This legislation builds on the landmark 1990 Patient Self-Determination Act, which recognizes that the government's role is not to make decisions about life‑prolonging treatment, but should encourage people to make better decisions by informing them of their options.  The 1990 law requires all Medicare and Medicaid participating organizations to give patients written information about their rights under state law regarding end-of-life decisions, and it requires these organizations to maintain policies and procedures about advanced directives, and to document in the medical record the existence of an advanced directive.   

            Specifically, the new legislation introduced today would:                       

·        Allow all Medicare beneficiaries to have a physician consultation when preparing their advanced directives;

·        Create a U.S. Department of Health and Human Services public education campaign to raise awareness about Advanced Directives among Americans of all ages;

·        Establish a clearinghouse where consumers can receive state-specific and easy-to-understand information on Advanced Directives; and,

·        Makes all Advanced Directives portable from state to state.

In 1993, Maryland enacted legislation allowing residents to complete a Living

Will regarding life-sustaining procedures when a terminal condition is imminent and the patient is permanently unconsciousness. Advance Directives are broader because they include end-stage conditions, including incurable conditions resulting in complete dependence, such as Alzheimer’s Disease.

            Both the Living Will and the Advanced Directive also let patients decide about artificially supplied nutrition and hydration.   Attorney General Joseph Curran provides forms for Advanced Directives and Livings Wills for Marylanders on his web site.  These forms can be accessed  by going to: http://www.oag.state.md.us/ and clicking on Advanced Directives/Living Wills.

            “We know that medical technology has the potential to keep people alive, but we also know that in cases where there is no hope for recovery, individuals should have the right to make decisions about the extent of medical intervention.  No family wants to endure the anguish of the Schiavo family.” 

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